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Probation Period Nullity Westland: Rules and Consequences

Probation period null in Westland? Discover rules, consequences and steps via District Court of The Hague and Juridisch Loket Westland. Protect your rights!

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Probation Period Nullity in Westland: Rules and Consequences

A **probation period nullity** means that the probation period in your employment contract is legally invalid. This can arise if the probation period does not meet the statutory requirements, is unfair or misleading. The probation period then loses its effect and the rules of the **standard employment contract** apply. This affects dismissal procedures, salary and employment conditions in the Westland region.

When does the District Court of The Hague declare a probation period null?

The **District Court of The Hague** (district Westland) applies Article 7:667a of the Dutch Civil Code (BW): for employment contracts shorter than **six months**, the probation period may last a maximum of **one month**. For longer contracts, a limit of **two months** applies. Exceeding this makes the probation period **null**.

Statutory Basis in Westland

Key provisions are:

  • Article 7:667a BW: Maximum probation period duration.
  • Article 7:667b BW: No extension or repetition permitted.
  • Article 7:667c BW: Written inclusion mandatory.
A probation period may not **disproportionately disadvantage** the employee, for example by creating unnecessary vulnerability.

Causes of Nullity

Typical situations in Westland:

  • Exceeding duration: A 3-month probation period for a 1-year contract is null (max. 2 months).
  • No written recording: Oral agreements do not count.
  • Misleading application: Probation period despite known suitability of the employee.
  • Extension or repetition: Entirely null.

Practical Examples Westland

For a contract of 8 months with 3 months probation, the District Court of The Hague reduces this to 2 months. The excess period does not apply.

Oral probation period of 1 month without mention in the contract? Null. Dismissal then requires the normal procedure.

Rights in Case of Null Probation Period

Consequences of nullity:

Employee Rights

  • Dismissal Protection: Employer must demonstrate **reasonable ground** (conduct or capability).
  • Notice Period: Follows contract or **CAO Westland**.
  • Compensation: Possibly **transition payment** or damage claim for wrongful dismissal.

Employer Obligations

  • Accept Nullity: Adjust contract.
  • Fair Treatment: No excessive pressure.
  • Information Duty: Clear explanation of status.

Actions in Westland

Suspect nullity? Take these steps:

  1. Check your contract for duration and mention.
  2. Present the situation in writing to the employer.
  3. Seek free advice from Juridisch Loket Westland.
  4. Approach the **District Court of The Hague** (district Westland) in case of dispute.
  5. Consider CAO check for sectoral rules in Westland.

Specific to Westland: many greenhouse horticulture contracts have strict CAO rules. Consult Juridisch Loket Westland for local support.